You're reading: Government proposes to eliminate basis for illegal seizures

The Cabinet of Ministers has proposed the introduction of legislation to prevent the seizure of enterprises, in particular, making such actions a crime, as well as altering the procedure for the state registration of enterprises, as well as the procedure for the creation of liquidation commissions and procedures for the liquidation of legal entities.

A relevant draft law on amendments to some legislation of Ukraine regarding fighting the illegal seizure of companies drawn up by the State Committee for Regulatory Policy and Entrepreneurship of Ukraine was recently registered in parliament.

"The receipt of fictitious rights to the property of enterprises, establishments, organizations, including shares, the assets of their founders, participants, shareholders, and members via transactions with the use of forged or stolen documents, forms, stamps or documents that were drawn up (registered) in violation of the legislation, if these actions resulted in the illegal seizure of property of enterprises, establishments, organizations, is punishable by corrective labor from two to three years or imprisonment for the same term with deprivation of the right to hold certain positions or to have a certain business for up to three years," reads the document.

The draft law also foresees that after the state registration of entrepreneurs, registrations and the introduction of any records to the Single State Register can be conducted by the state recorder only on the basis of documents delivered to the state recorder in line with the law and using data from the Single State Register and materials from registration cases of entrepreneurs.

In general the document is aimed at preventing the illegal seizure of companies, which creates a real threat to the national and economic interests and requires an effective system for fighting such events.

As reported, at the end of January the Cabinet of Ministers approved a revenant draft law drawn up by the State Committee of Entrepreneurship aimed at preventing the illegal seizure of enterprises, premises and land plots.

According to the authors of the document, the increased use of illegal seizures as an instrument of property division is now creating a real threat to the national and economic interests of the state and makes small and medium business development doubtful. The situation with mass illegal seizures could be solved by creating an efficient ownership rights protection system.